Law:

Section:

(a) Constitution of Pakistan (1973)--- ---Art. 199--Industrial Relations Ordinance (XXIII of 1969), S. 2 (xxviii)---Earlier Constitutional petition withdrawn--Subsequent Constitutional petition on same grounds--Competency of--Petitioner had challenged right of a dismissed employee to file grievance petition against his dismissal on the ground that dismissed employee was not a workman, and therefore, not entitled to any relief-­Such petition, however, was withdrawn by petitioner without reserving his right to file same afresh if necessity arose later Fresh Constitutional petition by same petitioner for examining same question against same respondent w t by c competent, Industrial Relations Ordinance (XXIII of 169)- ----Ss. 2(xxviii) & 25-A--"Workman", connotation of--Dismissed employee of establishment--Status of--Entitlement to file grievance petition for reinstatement in service--Dismissed employee was a worker/workman within meaning of S.2 (xxviii) of industrial Relations Ordinance, 1969 and thus entitled to claim relief under S. 25-A thereof. JUDGMENT This is a Constitutional petition filed by National Ban of Pakistan petitioner, challenging the order of the Punjab Labour Court dated 6-5-1984 and that of the Punjab Labour Appellate Tribunal dated 10-3-1985, reinstating Tariq Pervez, respondent No. 3, in service, with back benefits. 2. The brief facts of the case are that Tariq Pervez respondent No. 3, who was an employee of the National Bank of Pakistan, petitioner, was dismissed from service on 28-4-1983. Respondent No. 3 served a notice under section 25-A of the Industrial Relations Ordinance, 1969, on the petitioner on 3-81983. On _ 7-9-1983 respondent No. 3 filed a petition for reinstatement before the Punjab Labour Court. On 20-11-1983 the petitioner filed its written statement wherein it took up an objection that respondent No. 3, being a dismissed employee, was no; a worker/workman within the meaning of section 2 (xxviii) of the Industrial Relations Ordinance, 1969 and, therefore, was not entitled to the relief undo: section 25-A thereof. The Punjab Labour Court accepted the petition of respondent No. 3 on 6-5-1984, but, however, did not deal with…

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